The defendant costs specialists

LASPO loopy

By on Mar 26, 2012 | 4 comments

One of the amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill voted through by the House of Lords is that the proposal to end recovery of success fees should not apply in industrial disease claims:

“Exception for industrial disease cases

The changes made by sections 46, 48 and 49 of this Act do not apply in relation to proceedings which include a claim for damages for a disease, condition or illness (whether or not resulting in death) resulting from any breach of duty owed by an employer to an employee.”

So, a reasonably well paid engineer who suffers minor hearing loss at work will be able to keep 100% of his damages but a single mother with young children to support who suffers catastrophic injuries following an RTA may lose 25% of her general damages and past losses.

What is fair or rational about making EL disease claims a special case?

    4 Comments

  1. What’s right or just about any innocent party losing any of their damages?

    Anonymous

    26th March 2012

  2. ^^
    Here here!

    …and i love the use of ‘single mother of young children’ – yeah, when it suits!

    Anonymous

    26th March 2012

  3. Wise words Simon but why sound surprised? Since when does fairness and common sense count for anything – probably more owed to vested interests.

    Graham Whittaker

    26th March 2012

  4. Many industial disease claims are made against HM Government (e.g.vibrating white finger/miners` respiratory) so once again it is muggins taxpayer who will suffer.Also, as many Claimants sadly die it is their relatives who will receive the benefit.

    Cockney Rebel

    26th March 2012

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